Forensic Science for Cambodian Justice

Cambodia is universally associated with its killing fields – a horrific inheritance from the Khmer Rouge era. Whilst mass grave evidence from that era is referred to in history and social science publications on Cambodia, it has not featured in a legal context to date. The establishment of the Extraordinary Chambers in the Courts of Cambodia (ECCC) creates an opportunity for a review of this evidence 30 years after the events. Those alleged to be accountable for Cambodia’s killing fields are finally being brought to justice. The question is whether this will occur with or without forensic science evidence from the mass graves. This article explores the reasons for using forensic science in the Cambodian context and outlines its potential for legal proceedings. Drawing on relevant literature in the forensic and legal areas, the article provides a brief outline of the legal context created by the ECCC and examines various projects that have recorded evidence relating to the mass graves. Employing an analysis of semistructured, in-depth interviews with forensic and legal experts as well as representatives from the ECCC and the Documentation Center of Cambodia (DC-Cam), the article explores the value of forensic science for the ECCC, including its impact on humanitarian issues in Cambodia

Is all Fair in Love and War Crimes Trials? Regulation 55 and the Katanga Case

The use of Regulation 55 and the recent Katanga judgment at the International Criminal Court have attracted criticism – not just from outside commentators but most notably from within the Chamber through the dissenting opinion of Judge Van den Wyngaert. This commentary reflects on the re-characterisation of charges in the Katanga case and the resultant judgment, in particular with reference to fair trial requirements. It argues that fundamental discrepancies between the judges’ interpretation of their fact-finding and truth-seeking remit exist and suggests that there is a need for coherent jurisprudence and clarification on the way the International Criminal Court tackles such essential disagreements

Proving Genocide? Forensic Expertise and the ICTY

This article works towards developing a theoretical framework outlining the premises and parameters under which forensic experts operate during various stages of international criminal investigations and the presentation of expert witness testimony in court.With reference to law and science literature, the article explores the reasons for undertaking resource-intensive forensic investigations; secondly it outlines the ways in which evidence is gathered and interpreted, the process of constructing ‘forensic truth’; and finally it examines what happens to ‘forensic truth’ once it enters the legal arena. The International Criminal Tribunal for the formerYugoslavia and its activities are used to illustrate the issues involved during the ‘forensic expertise meets international law’ interface. Specifically the forensic exhumations conducted around the Srebrenica events of July 1995 and their use in the Krstic¤ trial serve to contextualize the debate

Forensic science expertise for international criminal proceedings: an old problem, a new context and a pragmatic resolution

Expert witness testimony provides an important source of information for international criminal proceedings, and forensic science expertise from mass graves is no exception: findings from exhumations and examinations have featured in the ad hoc tribunals’ trials and judgments. Whilst the issues surrounding the law-science relationship have been explored within the realm of national legal systems, the mixed system adopted by these tribunals presents an established discussion with a new context. Using forensic archaeology as an example, this article explores some theoretical underpinnings and practical realities surrounding the use of forensic science during international criminal investigations into mass graves before looking at how Trial Chambers aim to establish the relevance and credibility of forensic science evidence. As little guidance regarding admissibility of expert evidence is provided, it is through the case-specific legal process of cross-examination and presentation of counter-expertise that methodological issues are resolved. This, together with reliance on normative principles, is the pragmatic approach adopted to discern reliability of expert opinion

A victim’s right to truth and the International Criminal Court (ICC) Summary Project Report

This project seeks to identify and explore the practical and jurisprudential difficulties that may follow from attempting to integrate the ‘right to truth’ into the procedures of the ICC. Its main research question is: what are the central problems, practical and theoretical, of giving effect to victims’ rights to truth in the context of the juristic-forensic approach to transitional justice; specifically - the investigation, trial and remedial procedures of the International Criminal Court

Towards Mass Grave Protection Guidelines

In the aftermath of conflict and gross human rights violations, victims have a right to know what happened to their loved ones. Such a right is compromised if mass graves are not adequately protected to preserve evidence, facilitate identification and repatriation of the dead, and enable a full and effective investigation to be conducted. Despite guidelines for investigations of the missing, and legal obligations under international law, it is not expressly clear how these mass graves are best legally protected and by whom. This article asks why, to date, there are no unified mass grave protection guidelines that could serve as a model for states, authorities or international bodies when faced with gross human rights violations or armed conflicts resulting in mass graves. The paper suggests a practical agenda to work towards a more comprehensive set of legal guidelines to protect mass graves

Toward improved understanding and interaction between forensic science and international criminal law in the context of transitional justice.

International criminal justice-is part of a coordinated effort to achieve transitional justice in response to social trauma, human rights' abuses, mass atrocities, civil war and genocide. Criticaliy, criminal trials are believed to contribute to a notion oftruth through producing a record of the causes of conflicts, the responsible actors and parties, as well as the events. As part of its criminal investigations, the International Criminal Tribunal for the former Yugoslavia (ICTY) employed multi-disciplinary forensic teams to excavate mass graves and examine the human remains to discern information regarding the victims and the events that preceded their deaths. It thus contributed to two notions of 'forensic truth': firstly, through generating findings related to an individual level, questions such as 'what happened to an individual, where, when and how?' were answered; and secondly information about the reasons, circumstances and patterns of the eveRts=leading to the creation of mass graves was-ascertained. Focusing upon the ICTY and the Extraordinary Chambers in the Courts of Cambodia (ECCC), the research explores the reasons for, potential, values, theoretical and practical aspects of the interaction between international criminal law and forensic science evidence from mass graves. Thirty in-depth semi-structured interviews were conducted with carefully selected individuals experienced in prosecution, defence, forensic investigation or crime scene investigation, relating to either of these selected case studies. After thorough analysis of the iRterviewdata alongside secondary materials, including relevant previous research, case law, trial transcripts and documents relating to the case studies, the study makes three original and significant contributions to knowledge: firstly, the research provides an assessment of the value forensic science evidence from mass graves holds within the ICTY and ECCC's transitional justise efforts. Secondly, it outlines the conceptual and theoretical challenges that occur as part of the 'forensic science-international criminal law relationship', thus relating traditional law-science debates to a yet unexplored context. Thirdly, with reference to exchange theory, the research produces recommendations to improve practical aspects that arise during the interaction between legal, investigative and forensic practitioners throughout forensic science investigations into mass graves for international criminal prosecutions

A Right to Truth: Victims and the ICC

Discussion of the difficulties in giving effect to the victims right to truth in the criminal justice context of the International Criminal Court

Towards improved understanding and interaction between forensic science and international criminal law in the context of transitional justice

International criminal justice-is part of a coordinated effort to achieve transitional justice in response to social trauma, human rights' abuses, mass atrocities, civil war and genocide. Criticaliy, criminal trials are believed to contribute to a notion oftruth through producing a record of the causes of conflicts, the responsible actors and parties, as well as the events. As part of its criminal investigations, the International Criminal Tribunal for the former Yugoslavia (ICTY) employed multi-disciplinary forensic teams to excavate mass graves and examine the human remains to discern information regarding the victims and the events that preceded their deaths. It thus contributed to two notions of 'forensic truth': firstly, through generating findings related to an individual level, questions such as 'what happened to an individual, where, when and how?' were answered; and secondly information about the reasons, circumstances and patterns of the eveRts=leading to the creation of mass graves was-ascertained. Focusing upon the ICTY and the Extraordinary Chambers in the Courts of Cambodia (ECCC), the research explores the reasons for, potential, values, theoretical and practical aspects of the interaction between international criminal law and forensic science evidence from mass graves. Thirty in-depth semi-structured interviews were conducted with carefully selected individuals experienced in prosecution, defence, forensic investigation or crime scene investigation, relating to either of these selected case studies. After thorough analysis of the iRterviewdata alongside secondary materials, including relevant previous research, case law, trial transcripts and documents relating to the case studies, the study makes three original and significant contributions to knowledge: firstly, the research provides an assessment of the value forensic science evidence from mass graves holds within the ICTY and ECCC's transitional justise efforts. Secondly, it outlines the conceptual and theoretical challenges that occur as part of the 'forensic science-international criminal law relationship', thus relating traditional law-science debates to a yet unexplored context. Thirdly, with reference to exchange theory, the research produces recommendations to improve practical aspects that arise during the interaction between legal, investigative and forensic practitioners throughout forensic science investigations into mass graves for international criminal prosecutions.EThOS - Electronic Theses Online ServiceGBUnited Kingdo